Family Law By Region
- Divorce Law in Alicante
- Divorce Law in Andalucia
- Divorce Law in Asturias
- Divorce Law in the Balearics
- Divorce Law in the Canaries
- Divorce Law in Cantabria
- Divorce Law C. La Mancha
- Divorce Law in Castilla y Leon
- Divorce Law in Cataluña
- Divorce Law in Extremadura
- Divorce Law in La Rioja
- Divorce Law in Madrid
- Divorce Law in Murcia
Articles and Guides
- NEW: 10 Must Know Facts For
Anyone Divorcing in Spain
- Alimony in Spain
- Child Custody in Spain
- Division of Matrimonial Assets
- Govt. Assistance Fund
- International Divorce
- Child Maintenance Payments in Spain
- Comparison of UK & Spanish Law
- Enforcing Maintenance Agreements Abroad
- Reducing The Cost of Divorce in Spain - Express Divorce
- What Happens If Divorce Terms Ignored
- The Marital Home After Divorce
Maintenance Assistance where Non-Payment
Perhaps as a result of the continuing economic crisis, the number of non-custodial parents who are unable to meet the terms of the divorce agreement appears to be growing.
Of course this can
have a disastrous affect on the children and as a result
the Spanish government have enacted a social fund that can
step in to assist those who are in this dire situation.
The fund - known in
Spanish as the Fondo de Garantía del Pago de Alimientos -
is available where the original maintenance award was made
as a result of a judicial award (via contentious divorce
proceedings) or judicially approved divorce agreement
(express divorce proceedings) and in either case the
maintenance payments are not made.
Eligibility for the Fund
There are a number of requirements in order to qualify for the assistance:
1) The relevant application forms need to be completed
2) The non-payment must be recognised by a Spanish court following proceedings taken by the custodial parent for said non-payment
3) All relevant accompanying documentation must be included in the application.
Of course, should
proceedings be taken against the non-custodial parent for
non-payment, it is open to the court to embargo any income
earned by the non-custodial parent or any assets owned by
them to satisfy their responsibility for making
maintenance payments. In such a case the public fund would
not be made available.
The beneficiaries of the fund - the children - must be resident in Spain and either Spanish or European Union nationals although children from other countries may also be eligible in certain circumstances.
Perhaps one of the
more important requirements relates to the income of the
family in which the beneficiaries are integrated.
This may not be higher than 1.5 x IPREM if one child or 1.75 x IPREM if two children (and so on successively at increments of 0.25 per child) where IPREM is a basic income used in Spain for calculation of eligibility for various benefits. In 2012 IPREM is set at €6,390.13
If the application is successful an award of €100 per month per child is payable for a maximum period of 18 months, payable on the first of each month.
Anyone who is interested in applying for the fund will need to initiate civil proceedings first. For assistance with this process in English, go to: enforcement of maintenance orders in Spain.
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